Region: European Union

General Court: Board of Appeal erred in assessing distinctiveness of ULTRA for beer

In this dispute between competing breweries Anheuser-Busch and Amstel, the court found that ‘ultra’ was a generic, laudatory term which was incapable of differentiating the commercial origin of the goods.

26 June 2024

Register Tracker Europe and North America: January-April 2024

Featured in Trademark register tracker

WTR analyses trademark filing trends at major North American and European registers. 

25 June 2024

Morality v freedom of expression: the COVIDIOT decision

This decision of the EUIPO’s Grand Board may be seen as a ‘high-water mark’ in applying the Article 7 absolute grounds for refusal.

25 June 2024

EUIPO considers genuine use of 3D bottle shape mark

When assessing the evidence of genuine use, individual pieces of evidence should not be analysed in isolation, but together, in order to identify their most likely and coherent significance.

24 June 2024

General Court provides primer on scope of review and genuine use

An accumulation of items of evidence may allow the necessary facts to be established, even though each of those items, taken individually, would be insufficient to prove genuine use.

21 June 2024

Meet the IP Hall of Fame inductees of 2024 – Klaus Grabinski

As the most senior judge at Europe’s new Unified Patent Court, Klaus Grabinski has the eyes of the world’s patent profession on him. 

20 June 2024

TRUMP opposition decision focuses on evidence of use of prior marks 

DTTM Operations LCC, which manages Donald Trump’s IP rights, was partially successful in opposition proceedings against a German businessman’s application for TRUMP.

19 June 2024

Nike fails in FOOTWARE case; Whataburger takes on What-A-Burger; Nestlé CRUNCH mark revoked – news digest

In our latest round-up, we look at the EasyGroup boss complaining of a “new trend” among UK courts ruling “not in favour of trademark owners”, and much more. 

18 June 2024

Meet the IP Hall of Fame inductees of 2024 – Annette Kur

Reshaping European design and trademark law, Professor Kur has made an impact far beyond the walls of academia.

17 June 2024

General Court criticises Board of Appeal’s findings in CHIQUITA QUEEN case

The reputation acquired in the market by a word element in a trademark application may be relevant when assessing the likelihood of confusion with an earlier mark.

17 June 2024

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